The Patna High Court disposed of a writ petition seeking mandamus to revise pension benefits and grant consequential pay scale benefits to a police petitioner due to delayed promotion compared to juniors after granting liberty to approach authorities for redressal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25143 of 2013
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Arun Kumar Sinha S/O Late Styadeo Prasad Sinha Resident Of VillageHargovindpur Karnauti P.S- Mahnar, District- Vaishali Hajipur
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Prashant Kumar, Advocate For the Respondent/s : Mr.Rakesh Kumar Samrendra
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
The present writ petition has been filed seeking the
following reliefs:-
“i) For issuance of writ in the nature of mandamus or any other appropriate writ, commanding the respondents authorities to revise the pensionery benefit of the petitioner in light of the fact that several Police Constables even being junior to the petitioner in not only in terms of date of appointment in Police
Patna High Court CWJC No.25143 of 2013(2) dt.06-07-2023 2/3
Department as well as ranking in the gradation list/seniority list (issued vide Memo No.6477 dated 28.09.1985) have been promoted to the post of Sub Inspector from Assistant Sub Inspector w.e.f. 09.10.1980 whereas the petition even being senior to them have been belatedly promoted to the rank of Sub Inspector from Assistant Sub Inspector only on 07.01.2006.
(ii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondents to grant all consequential benefits of higher pay scale including arrears (w.e.f. 09.10.1980, the date from which the juniors to the petitioner have been granted promotion) as well as notional promotion/seniority and revision of pension in light of the same to the petitioner within a reasonable period without any delay.
(iii) For holding that the denial of promotion and other consequential benefit to the petitioner is not only violative of Articles 14, 16 and 21 of the Constitution of India as well as illegal, arbitrary and without any lawful justification and against the principal of natural justice.”
Considering the nature of reliefs sought for in the present writ petition, the learned counsel for the petitioner
Patna High Court CWJC No.25143 of 2013(2) dt.06-07-2023 3/3
seeks liberty on behalf the petitioner to approach the respondent-authorities for redressal of his subsisting grievance,
if any. Liberty so sought is granted.
Accordingly, the writ petition stands disposed off.
(Mohit Kumar Shah, J)
kanchan/-
U
1 issue framed by the court
Whether the petitioner who was belatedly promoted should be granted consequential benefits and revision of pension due to disparity with juniors.
Arun Kumar Sinha
State Of Bihar
Director General Of Police, Govt. Of Bihar
Inspector General Of Police, Govt. Of Bihar
Senior Superintendent Of Police, Patna
Superintendent Of Police C, Crime Investigation Department, Bihar, Patna
Mohit Kumar Shah
As recorded by the court registry
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